Indian Constitution: Fundamental Duties & DPSP

India is a 'Union of States', not a federation formed by agreement between states, as defined by Article 1. This means the states are integral parts of the Union, not independent entities.

The Preamble to the Indian Constitution reflects the ideals of the Objectives Resolution of 1946, guiding the constitution's goals and objectives but not enforceable in court.

The Keshavananda Bharati case established that the fundamental features of the Constitution, including the Preamble, cannot be altered. This ensures key principles remain protected.

Article 2 grants Parliament the power to admit existing states into the Union, expanding its membership. It also allows for the creation of new states.

Article 3 empowers Parliament to reorganize internal boundaries of existing states within the Union. This allows for adjustments and changes within the states.

The 100th Constitutional Amendment Act enabled the cession of certain enclaves to Bangladesh, demonstrating the Union's ability to adjust its territory.

Parliament can pass laws to reorganize state boundaries based on Article 3. These laws are not considered constitutional amendments. However, territorial cession requires a constitutional amendment.

India's territory includes three categories: territories of the states, Union Territories, and territories acquired by the Government of India. This clarifies the geographical scope of the Union.

The Indian Federal structure is unique as it can become fully unitary during an emergency, granting the central government extensive powers and diminishing the autonomy of states.

The president can declare a national emergency when India's security is threatened by war, external aggression, or armed rebellion.

The President can declare a national emergency even before the actual occurrence of these threats.

The original grounds for declaring a national emergency included 'internal disturbance' but were later changed to 'armed rebellion' by the 44th Amendment Act

The president can impose an emergency after receiving a written recommendation from the Cabinet.

Parliamentary approval is necessary for extending the emergency beyond six months, requiring a special majority.

The emergency can be revoked by the President through a subsequent proclamation.

The 44th Amendment Act allowed courts to examine the justification for imposing an emergency.

Directive Principles of State Policy (DPSPs) are guidelines for the government to strive towards, aiming to create a welfare state. They are non-justiciable, meaning courts cannot enforce them.

DPSPs were created to promote a welfare state, where the government actively works to improve the lives of its citizens.

DPSPs are not legally enforceable because the state might not have resources to implement them all or might develop better laws later.

Article 37 of the Indian Constitution emphasizes that DPSPs are fundamental for good governance, and the state should apply these principles when making laws.

DPSPs include principles aiming to promote social justice, economic equality, and the welfare of the people, reflecting socialist ideologies.

DPSPs incorporate ideas from Mahatma Gandhi's philosophy, emphasizing rural development, cottage industries, and the upliftment of weaker sections of society.

DPSPs include liberal-intellectual principles promoting education, health, and social security for all citizens, reflecting a focus on individual rights and freedoms.

The Sapru Report in 1945 suggested the inclusion of both Fundamental Rights and Directive Principles of State Policy in the Indian Constitution.

Fundamental duties are non-justiciable, meaning they cannot be enforced in a court of law. This means that individuals cannot sue the government if it fails to uphold a fundamental duty.

The 42nd Amendment Act of 1976 introduced fundamental duties to the Indian Constitution. This addition aimed to encourage citizens to actively contribute to building a strong and prosperous nation.

The Swaran Singh Committee's recommendations formed the basis of the fundamental duty provisions. However, the committee initially proposed only eight duties while the final amendment included ten.

The 86th Amendment Act of 2002 added the 11th fundamental duty, which emphasizes parental responsibility for providing education for children.

Fundamental duties apply only to citizens of India. Foreigners who are residing in India are not obligated to adhere to them.

Fundamental Duties, like the Directive Principles of State Policy, are non-enforceable by law. However, they reflect the values and principles that citizens are expected to uphold.

Fundamental Duties aim to promote national unity, uphold the Constitution, and inspire citizens to actively participate in national development.

The Japanese Constitution includes a provision on the duties of its citizens. This demonstrates that the concept of fundamental duties is present in other democratic systems as well.

The President appoints and dismisses ministers based on the Prime Minister's recommendations.

The President appoints and dismisses the Council of Ministers on the recommendations of the Prime Minister.

The Council of Ministers is answerable to the Lok Sabha. This means they can be voted out if they lose the confidence of the Lok Sabha.

The Supreme Court settles election disputes for the President and Vice President.

The Deputy Chairman of the Rajya Sabha assumes the duties of the Chairman in their absence.

The Vice President chairs the Rajya Sabha. They can be removed by a resolution of the Rajya Sabha with a majority vote and approval from the Lok Sabha.

The Prime Minister advises the President on various aspects of government such as: summoning, proroguing parliamentary sessions, dissolving the Lok Sabha, and important appointments.

The Prime Minister is the leader of the house where they are a member and nominates the leader of the opposite house.

The leader of the largest opposition party in the Lok Sabha, holding at least 1/10th of the seats.

An assistant floor leader appointed by a political party in the Lok Sabha.

Elected by Lok Sabha members from among themselves, responsible for presiding over the House.

Elected by Lok Sabha members, assists the Speaker in their duties.

A panel of 10 members nominated by the Speaker to preside over the Lok Sabha when the Speaker and Deputy Speaker are absent.

The process of removing the Lok Sabha Speaker or Deputy Speaker from their position.

The act of the Lok Sabha Speaker or Deputy Speaker leaving their position.

An act that requires the support of at least 50 Lok Sabha members to be considered for debate.